The URL can be used to link to this page

Home My WebLink About11-01-2000 Scarlatta v City of Winter Springs Our FIle No. 1241BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown' John H. Ward' Gary S. Salzman° Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganese° Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Arthur R. "Randy" Brown, Jr. William A. Davis, Jr. ' Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Government Law R� Nov ®� z000 C1TM Of THE C TYRc�ERK OEFice November 1, 2000 Ms. Andrea Lorenzo-Luaces City Clerk of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Re: Scarlatta v. City of Winter Springs Our File No. 1241 Dear Andrea: 111 North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Website: www.orlandolaw.net agarganese@orlandolaw.net Enclosed is a copy of a public records request made to DCA by Terry Scarlatta that was forwarded to me by DCA's attorney. I see no legitimate reason why Ms. Scarlatta's request made to Tom Grimms cannot be completed by the City. Moreover, I am concerned with Ms. Scarlatta's statement in the first paragraph regarding her conversation with Tom Grimms, if that statement is correct. Ms. Scarlatta is simply requesting copies of all comprehensive plan amendments adopted by the City which were approved by DCA from the period 1996 to the present. Ms. Andrea Lorenzo-Luaces November 1, 2000 Page 2 I would appreciate your prompt attention to this matter. Further, please provide me with a copy of these amendments given that it is likely she is requesting them for the administrative hearing which is to be scheduled in the near future. City Attorney AAG:gbh Enclosure Received: 11/ 1/00 11:28AM; 850 922 2879 -> Brown, 11/01/2000 11:17 850-922-2679 FDCA/LEGAL --- -- �U,,,00coou SCARLATA Ward,Salzman & Weiss P.A.; Page 2 ei November 1, 2000 Terry Scarlata 1006 Nwwy Circle Winter Springs, FL 32708 Mr. Andrew Grayson, Esquire Assistant General Counsel Departmemit of Community AiFairs 2555 Sbumard Oak Boulevard Taliahmsee, Florida 32399-,2100 (850) 922-2679 Re: Public Records Request — Comp Plan Ameadments Greenaway Interchange District Case No. 00-069&GM I've tried to obtain comp plan amendments from the city, but after six weeks of wait the City's Comprehensive Planning Coordinator, Tom Grimms, and I have reached conclusion that it would be easier to obtained them through the DCA. Tom says workload is heavy and he is unable to fwd the time to comply with the request_ cc'ing him on this letter just in case I mieunderstood our conversation, which took pl Monday night, October 29, 2000, at the city commission meeting. I'm attaching a copy of my original public records request, dated September, 14, 21 however, I'll abbreviate the request for you because I'm only looking for the wrap amendment that the DCA approved for the city from the period 19% to the present. understanding of the process is that only those comp plan amendments approved by DCA would be valid anyway. I've set aside a budget of $150.00 for this request. Pli advise if this will be enough. If it thllt short, I'll whittle my request down to only those comp plan amendments a eliminated or reduced greenspace, conservation areas, wetlands or parka and rwva in favor of high density or commercial rezonings. For an example of what I'm loo for, I offer this: in the minutes to a September 2, 1998 Plannins and Ton ng B, meeting, the record shows that a proposed clubhouse was eliminated from the plans to a previous comp plan amendment. The Planning & Zoning Board members see surprised by this infoa'mation. It's these kind of occurrences that I'm searching (When we last spoke, Mr. Grimms stated that he would locate the small-scale comp amendment discussed in this meeting.) On September 140i, I also requested public notices for the comp plans, but I'll resew these on my own time once 1 identify which comp plan amendments were approved the DCA. To make this easier, I'm attaching copies of letters written to Mr. Ray Euba Received: 11/ 1/00 11:28AM; 11/Ei1/2000 11:17 850-922-2679 •.— "u a a000000 850 922 2879 -> Brown, Ward,Salzman & Weiss P.A.; FDCA/LEGAL PAGE E SCARLATA A hl OR: rUM Page 3 02 fmm, the DCA which identify► the comp plans for 1998 and 1999. (1 don't have tr for 1996 & 1997 or I'd attach there also.) Please let me know if there will be a complying with this request. Siuncemly yours, �6. L' °AA Terry to Cc: Mrs. Andrea Lorenxo-Luaces, City Cleric Tom Grfir=% Comprehe r aive Planning Coordinator Enclosures: Sept. 14, 2000 — Public Records Request to Tom Grimms Re; Comp Plan Amendments & Public Notices. (1 page) Sept, 14, 2000 — Public Records Request to Tom Grimm Re: Small-scale Comp Plan Amendment discussed in P&,Z Meeting Sept 2, 1998. (1 page) Sept. 2, 1998 — Page 5 of P&Z meeft minutes. (1 page) Feb. 18, 1999 — Ltr, To Mr. Ray Eubanks, DCA regarding Comp PL Amendments for 1998, (1 page) Ian. 4, 2000 — Ltr. To Mr. Ray Eubans, DCA, regarding Com Amendments for 1999. (1 page) Recelved: 11/ 1/00 11:29AM; 11/a1/2000 11:17 850-922-2679 850 922 2579 -> Brown, Ward,Salzman & Weiss P.A.; Page 4 FDCA/LEGAL PAGE 04 SCARLATA 03 I': . September 14, 2000 Terry Scarlata 1006 Nanoy Circle Winter Springs. FL 32708 Tom Grimms Comprehensive Planning/Zoning Coordinator City of Winter Springs 1126 East State Road 434 Witttar Springs, FL 32708 Dear Tom: This is a public records request for copies of public notices and comprehensive plsn amendments. To make this easier on you. I'm chiseling down my request to the following- (1) You can eliminate from this request, any Comprehensive Plan Amendment that. died on the vine. I'm only looking for those notices and Comp Plan Amendments that passed, or are now in the review process. (2) Time Frame: 1996 to the present"'. (3) You can also oxclude thG following: a. Comp. Plans & notices that involve the Greenway Interchange district, (4) My mein area of interest is: a. Comp Plans that raised density levels. b. Co1np Plans that substituted Greenspace, Conservation, Wetlands, Parks or Recreation areas for higher density zonings/land uses. I believe a reasonable time limit to meet this request I's 5 weeks, which should put us at October 21. Thank you, Terry Scarlata *You may have to diverge from the 1996-2000 time frame to find the Comp Plan Ameadrnent(s) that eliminated the Tuscawilla PUD stables, matins. and park lands located in the area that is now known as Davenport Glen and Carrington. Cc: Mrs. Andrea Lorenzo-Luaces, City Clerk Hecelved: 11/ 1/00 11:29AM; 11/01/2000 11:17 850-922-2679 . .•• —.1 sur000c0C1O 850 922 2679 -> Brown, Ward,Salzman & Weiss P.A.; Page 5 FDCA/LEGAL PAGE 05 SCARLATA " ;` 04 1 September 14, 2400 Teny Scerlata 006 N � 1 Nancy Circle Winter Springs, FL 32708 p„�p Tom Crnmms Comprehensive PlanninvZoning Coordinator City of Winter Springs `� 1126 East State Road 434 Winter Springs, FL 32708 Q Dear Tom: t This request requires some urgency. Could you please provide a copy of the pul notices stud final Comp Plan Amendment which affected the Golfside Villas? I the Comp Plan eliminated a clubhouse and altered Conservation easements, 'thank you, 4� Terry Scarlato Cc: Mrs, Andrea Lorenzo-Luam, City Clerk I Received: 11/ 1/00 11:30AM; 11/01/2000 11:17 850-922-2679 • ---- --• �vr.ruuuvu:.� 850 922 2679 -> Brown, Ward,Salzman & Weiss P./A.; Page 6 FDCA/LEGAL SGARLATA 06 05 I��! PLANNING AMC ZONING BOARD/LP SEPTEMBER 2, 1990 . REGULAR MEETIN PAGE 5 OF' ; Mr. Don LeBlanc, Land Development Coordinator: Oh well, perhaps... Board Member Bill f'ernande_: At 20-352., sub a... Mr. Don LeBlanc, Land Development Coordinator: Okay, The rennunology 1 will, I Final Subdivision Plan instead of Final Development Plan. That has been L interchangeably, but being an Attomey, I can tell that you have noticed that the m Subdivision was used instead of Development. Board Member Bill Fernandez: Well, I'm having diffIeulty with the fact that what I' reading on the Agenda says, Preliminary Engineeting/Fina Development Plan. Fin Develoment Plan, And I haven't even, had a chance to have a Preliminary Developme Plan. Mr. Don LeBlanc, ,Land Development Coordinator: The Preliminary Development Plan was when the PUD was first approved, That is the Preliminary. Just like when you sec something from the Tuscawilla PUD? You do not see the Preliminary Development Plan, because that is the plan that we submitted, when the PUD was zoned, and everything else - that was submitted yM ago. Board Member Bill Fernandez: Well, that's great. What this document, what these Ordinames, what these Codes require me to do, as a Planning and Zoning Board member, is to compare the Final Developmem Plan with the Preliminary Development Plan, to see whether or not it is in substantial compliance and conformity. And in a8 much as I do not have in front of me, the .Preliminary Development Plan, obviously, I cannot perfonn my tmk as assigned to me, under the Ordinances of this City. Mr. Don LeBlanc. Land Development Coordinator: I believe you performed your tasks Sir, because this came in as a Comp Platy Amendment. There was going to be it clubhouse on that property, aW dwyc ngM the comsotvation easement. TW�p car mn has came in tin imTff en emwas tbet done Tom? ptpprosmatell,? A& Tom Orimms, AICP, Comprehensive Plann(ng/Lon(ng Coordinator: Well... Board Member Bill Fernandez: Well, it's an education process, of course, and I'm looking at 20-355. (Procedure for approval). And it does indicate under Section (4), that "The Planning and Zoning Board review the... the Planning and Zoning Board shall review the Preliminary Development Plan and the staff recommendations, and any proposed suggestions or revisions to the plan ,. Under (7), it talus about the Final Development Plan, and under (11), it talks about City Commission review. At (10), it says Planning and Zoning Board shall review the Final Development Plans, Staff recommendations, which you've quoted in our materials; approve it... approve it with modifications or deny it and stating the reasons. In member (11), it indicates that in Received: 11/ 1/00 11:30AM; 850 922 2679 -> Brown, Ward,Salzman & Weiss P.A.; 11/0-1/2000 11:17 850-922-2679 FDCA/LEGAL PAGE -_,--,.--, �1•.+b# 40fibbbbuo SCARLATA 11111111twa. ---, , I Page 7 07 061 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINOS. FLORIDA 32708.ZM Telephone (407) 327-1800 COmmunity Development February 18, 1999 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning — Division of Resource Planning Plan Processing Team 2555 Shumard Oaks Blvd. Tallahassee, FL 32399-2100 Dear Mr. Eubanks; The City of Winter Springs submits the enclosed proposed large scale comprehensive plan amendment to DCA and other appropriate agencies for its review, as part of its Spring, 1999 amendment cycle (first round) transmittal, per 91-11.006(1)(a)l. F.A.C_ ..1 The Local Planning Agency held an advertised public hearing on.the foilowing enclosed proposed plan amendments: [ per 9J 11.006(1)(a)1. F.A.C. ] LG-CPA-2-98 November 4, 1998 LGCPA-3-98 November. 4, 1998 LCr-CPA-4-98 November 4, 1998 2. The City Commission of Winter Springs held and advertised public hearing on following enclosed proposed plan amendments: [ per 163.3184(15)(b)l. F.S. i 9J-11.006(1)(a)2. F.A.C. LCr-CPA 2-98 November 9, 1998 LG-CPA-3-98 November 9, 1998 LG-CPA-4-98 November 9, 1998 The Cty is also submitting copies of these proposed plan amendments to the following agencies concurrently with this transmittal to DCA: [ per 9J-11.006(1)(a)2. F.A.C. ] • Ea9t Central Florida Regional Planning Council • St. Johns River Water Management District • Florida Department of Transportation • Florida Department of Environmental Protection Received: 11/ 1/00 11:30AM; 850 922 2679 -> Brown, Ward,Salzman & Weiss P.A.; Page 8 11/01/2000 11:17 850-922-2679 F CCAA/ALE�GAL PAGE 08 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST SPATE ROAD 434 WINTER SPRINGS, FLORIDA 327W-2799 relaphone (407) 3Z7,1800 Community Oeve(opment oept. Planning Division January 4, 2000 lvh. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning - Division of Reao=e Planning Plan Processing Team 2555 Shumard Oaks Blvd. Tallahassee. FL 32399 2100 Dear Mr. Eubanks-. The City of Winter Springs submits the enclosed proposed large scale comprehensive plan amendments to DCA and other appropriate agencies for its review, as part of its Spring amendment cycle (first round) ttunismittal, per 9J-11.006(1)(a) F.A.C. 1. The Local Planning Agettey held an advertised public hearing on the following proposed plan amendments: [ per 9J-11,006(1)(a)1. F.,A..C. ] LO-CPA-1-99 November 3, 19", and November 24, 1999 LG-CPA-2-99 November 3, 1999 LG-CPA-4-99 November 3, 1999 - 2. The City Commission of Winter Spring held an advertised public hearing on the following enclosed proposed plan amendments: [ per 163.3184(15)(b)1_ F. S. and 9J-lL006(lxa)2. F.A.C. ] LO-CPA-1 99 December 13, 1999 LG CPA-2-99 December 13, 1999 LG-CPA-4-99 December 13, 1999 The City is also submitting copies of these proposed plan amendments to the following concurrently with this transmittal to DCA: [ per 91-11.006(1xa)2. FAC ] " East Central Florida Regional Planning Council ' St. Johns River Water Management District